The Sentencing Of The Right's Perfect

Sentencing recommendations is refers to the people's procuratorate to the public prosecution, according to law, the defendant is the applicable punishments, range and the implementation method and so on to the people's court suggested. Sentencing recommendations procuratorial organs of public prosecution is an important content of the procuratorial organs of sentencing letters are first clear rules, was given the legal status. In our previous criminal lawsuit activity of procuratorial organs in accordance with the law, the purpose of public prosecution for the defendant convicted on, shall be investigated for his criminal responsibility, and for the defendant was sentenced to punishment did not pay attention to, but the judge alone by sentencing, the judge's "" clinching discretion without effective supervision and restriction by sentencing, the unbalance of occur frequently. The court's ruling is solving social disputes, the judge last relief means abuse discretion, may be to civil rights cause irreparable damage, but also damage the law and judicial organs authority. Therefore, sentencing recommendations with criminal judicial practice in supervision and restraint the judges' discretion under the demand is born. Letters from birth sentencing has much the theory attention and the sentencing Suggestions for warm discussion. Practical departments is also actively engaged in sentencing recommendations. The supreme people's procuratorate issued a procuratorate sentencing recommendations for guidance, the supreme people's court, the supreme people's procuratorate, ministry of public security, the department of homeland security, the justice department issued a standard sentencing program some issues of the opinions of the procuratorial organs in sentencing recommendations, standard court of sentencing puts forward relative specific direction. The two judicial interpretation of procuratorial organ sentencing recommendations for how to carry out the provisions of the regulations, such as providing put forward the sentencing recommendations time, conditions and methods, the content such as amplitude specific. But for the procuratorial organs of sentencing is right has not made mandatory provisions, means that the procuratorial organs may exercise can also give up letters, no provisions sentencing exercise procuratorial organs sentencing the right of legal consequences and shall bear legal responsibility, and not for the relief way and related supporting system for provisions So when's sentencing recommendations at all levels in the two department according to the opinions of the judicial explanation, combined with the practical situation of the local sentencing recommendations in the practice of all over, are not unified, implementation effect of sentencing recommendations for lack of relevant constraint mechanism and the economic and cultural development level of all, judicial level of restriction and so on various reasons and did not achieve the desired effect.Therefore, for some grassroots's procuratorate of sentencing the implementation of the right of investigation, especially for relatively backward economy and culture, the western region of the base's procuratorate of sentencing the right of the current status of research, Found in the exercise of the right of sentencing the problems in the process of, Analysis the reasons, and then to put forward the corresponding countermeasures, solve the problems met in practice, To actively promote the sentencing recommendations of criminal justice in the developing and constantly improve the sentencing right system plays an important role.